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  • Sapp v. State

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Mario A. Pacella, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Augusta, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A0396

    The jury was authorized to find that defendant shot the victim with malice based on his behavior before the shooting, his obscene comment about the victim and his actions after the m

  • Blair v. State

    Publication Date: 2001-03-02
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: John L. Kimmey III and C. David Turk III Germano & Kimmey PC, Dawsonville, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Kevin W. Drummond, Assistant District Attorney, Carrollton, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Daniel G. Ashburn, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A0055

    Proffered evidence of sexual acts allegedly committed by the victim did not establish the victim's alleged propensity for sexually assaulting young men and

  • Carreker v. State

    Publication Date: 2001-02-02
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Robert L. Wadkins, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, Mark C. post, Assistant District Attorney, Columbus, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A0001

    The trial court properly charged on mutual combat since the jury could have found from the evidence that the defendant and the victim intended to resolve their difference by fighting with deadly we

  • Coppock v. State

    Publication Date: 2001-01-19
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Donald W. Rogers, Milledgeville, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Gregory L. Bushway, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A2068

    Defendant's mental dexterity as exhibited during his videotaped confession supported the trial court's finding that the confession was volu

  • Foster v. State

    Publication Date: 2000-11-03
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Thomas J. O'Donnell Jr., Sandersville, for appellant.
    for defendant: Richard A. Malone, District Attorney, William S. Askew, Assistant District Attorney, Swainsboro, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1853

    Expert testimony that a perpetrator who has had a close relationship with the murder victim may move or cover the victim's body to depersonalize the victim was beyond the average juror'

  • Williams v. State

    Publication Date: 2000-10-13
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Alvera A. Wheeler, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1286

    Prior to submitting the case to the jury, the trial court properly removed a juror who said her religious beliefs prevented her from judging the defe

  • Kapur v. Roach

    Publication Date: 2000-09-22
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Warren N. Coppedge Jr. and David L. McGuffey Coppedge, Leman & Ward PC, Dalton, for appellant.
    for defendant: Amy A. Petulla, Rossville, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S00G0324

    The wife did not waive O.C.G.A. § 19-9-23 a and c's mandatory venue provisions when she consented to the transfer of her child custody petition to the county where her husband re

  • Robinson v. State

    Publication Date: 2000-09-22
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Tara L. Kneller, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Anna E. Green, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1165

    The interrogating officer did not threaten the defendant with increased punishment by telling the defendant that he was hanging himself with

  • Fortson v. State

    Publication Date: 2000-06-23
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: James E. Millsaps, Covington, for appellant.
    for defendant: Alan A. Cook, District Attorney, Covington, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and H. Maddox Kilgore, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0196

    Defendant had a constit l right to appointed counsel at his hearing to withdraw his guilty plea because a plea withdrawal proceeding is a critical stage of a defendant's prosec

  • Clowers v. Sikes, Warden

    Publication Date: 2000-06-23
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Craig L. Cascio, Alpharetta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Jeanne K. Strickland and Wesley S. Wood, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S00A0234

    Defendant's pro se guilty plea to purse snatching was invalid, since he signed the waiver of rights form before appearing in front of the trial court and the trial court failed to determine whether